Neufeld
Top Set International, Inc. v. Neufeld
Opinion
Lead Opinion
*580 MEMORANDUM *
Top Set International (“Top Set”) and Chin-Wen Yu (‘Yu”) (collectively “appellants”) appeal the district court’s grant of summary judgment in favor of the governT ment. Appellants seek review of the Administrative Appeals Office’s (“AAO”) decision revoking Yu’s employment-based visa petition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because the evidence does not compel the conclusion that Yu was engaged in primarily executive or managerial duties, we affirm the judgment of the district court.
We review the district court’s grant of summary judgment de novo. Family Inc. v. U.S. Citizenship & Immigration Servs., 469 F.3d 1313, 1315 (9th Cir.2006). “However, the underlying agency action may be set aside only if ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Id. (quoting 5 U.S.C. § 706 (2)(A)). An agency’s factual findings are reviewed for substantial evidence and will not be overturned “unless the evidence presented would compel a reasonable finder of fact to reach a contrary result.” Id. (internal quotation marks omitted). In order to revoke a previously approved visa petition, the government must have “good…
Dissenting Opinion
Pregerson, J.
dissenting:
I dissent. Yu entered the country in 2000 and lives here with her husband and two children. I would hold that the AAO’s determination was arbitrary and capricious because it failed to adequately consider the evidence Yu presented regarding her qualifications as an executive or manager. While Top Set did recite the statutory and regulatory requirements for Yu’s position, it went further to specifically describe some of Yu’s many job duties. These duties include planning and designing a computer system, planning and designing an in-house employee training program concerning Top Set’s products and services, and developing a plan to expand Top Set’s marketing capabilities. These are all duties consistent with an executive or managerial position. Accordingly, the record requires me to conclude that Yu was performing as an executive or manager of Top Set.